BATTY v. CARACO


16 A.D.2d 734 (1962)

Reginald A. Batty, as Guardian ad Litem of Gary Batty, an Infant, Respondent, v. John A. Caraco, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 5, 1962


Order unanimously reversed, without costs of this appeal to either party, and verdict of the jury reinstated.

Memorandum:

The infant plaintiff when six years old was struck in a public street by an automobile operated by defendant. The proof upon the trial presented a question of fact that was resolved by the jury in favor of the defendant. A motion was made by plaintiff to set aside the verdict. This was granted in a formal order which recited that the action...

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